By: Goodwin H.B. No. 4038
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a political subdivision to regulate
the installation of a communication facility structure near the
habitat of endangered species.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 240.083(a), Local Government Code, is
amended to read as follows:
(a) Subject to the restrictions in Section 240.084, the
commissioners court of a county [subject to this subchapter] may by
order regulate the location of communication facility structures in
the unincorporated areas of the county.
SECTION 2. Section 240.084, Local Government Code, is
amended to read as follows:
Sec. 240.084. LOCATION OF COMMUNICATION FACILITY
STRUCTURE. The commissioners court of a county [that is subject to
this subchapter] may by order prohibit the construction of a
communication facility structure within 300 feet, or the height of
the structure, whichever is greater, of a residential subdivision.
SECTION 3. Section 240.085, Local Government Code, is
amended to read as follows:
Sec. 240.085. FILING REQUIREMENTS REGARDING CONSTRUCTION.
A person proposing to construct a communication facility structure
in the unincorporated area of a county [subject to this subchapter]
shall file with the county official designated by the commissioners
court:
(1) a statement informing the county that the
construction is proposed and providing the date on or after which
the construction is proposed to begin;
(2) copies of any necessary permits from the Federal
Communications Commission or Federal Aviation Administration;
(3) a plat or map of the specific proposed location of
the communication facility structure; and
(4) the correct phone number and address of the entity
primarily responsible for the construction.
SECTION 4. Section 240.086(a), Local Government Code, is
amended to read as follows:
(a) A person who desires to construct or increase the height
of a communication facility structure in violation of an order
adopted by a county [subject to this subchapter] may apply to the
commissioners court of the county for a variance from the
regulation.
SECTION 5. Chapter 250, Local Government Code, is amended
by adding Section 250.014 to read as follows:
Sec. 250.014. AUTHORITY TO REGULATE LOCATION OF
COMMUNICATION FACILITY STRUCTURE. (a) In this section,
"communication facility structure" has the meaning assigned by
Section 240.081.
(b) Subject to Subchapter E, Chapter 240, of this code, and
notwithstanding Section 83.014, Parks and Wildlife Code, a
political subdivision may not allow for the installation of a
communication facility structure near the habitat of an endangered
species, as determined by Section 68.002, Parks and Wildlife Code,
unless the structure will be located a distance equal to at least
twice the height of the structure from the endangered species
habitat.
(c) The measurement of distance for purposes of this section
shall be taken from the point on the communication facility
structure that is nearest to the endangered species habitat toward
the point on the endangered species habitat that is nearest the
communication facility structure.
SECTION 6. Section 240.082(a), Local Government Code, is
repealed.
SECTION 7. Section 250.014, Local Government Code, as added
by this Act, applies only to an application for a permit for the
installation of a communication facility structure submitted to a
political subdivision on or after the effective date of this Act.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.